The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1887-02-05
Owen 10 Moody.

lie SMEI, Ddkola, Jan. III ,loS'.-fOn
&. &. Moody, United States Senator
Sir: Your letter of Dec 81, published
IN the Press and Dakotaian, indicates
that you are as heretofore sincere
friend Of statehood for Dakota. but that.
in your opinion, the night of petition is
the only power we ought to exercise
Do You not speak without due reflection
when you say that "a state out Of the
Union is AS impossible of existence as
is that of bird in the water or fish
in the air." Did not the state OF Mich
igan SO exist for year and halfp Did
she not enact laws, create corporations
and exercise the functions of stateY
Did not the supreme court of that state
decide that the act Of her state lpcisla-
ture, before admission. creating the De-
tr"it Young Mems Society, was valid
law and il had power to hold real estate
by virtue of that law? detroit Young
Mems Society VS.. Scott, Douglas, ll9.
This case went to TIE supreme court
of the United States and was there dis
missed for want Of jurisdiction, leaving
the decision Of the supreme court OF
Michigan to stand as the decision Of
the court of last resort. This is the
only decision known to the writer by
court OF Lao resort which exactly and
necessarily kyolved the direct question
whether state can exist out OF the
union 1t is not dict,nn, but judicial
decision that state out OF the union
may and did possess vital power that
it lawfully did create corporation
That decision had never been in any
manner set aside or overruled but stands
to- day rs All authoritative, judicial dec
aration that state can and did exist
out of the union.
You say that if lawyer could be found
who would present to the L nited States
supreme court proposition you name
"he would be met at once by the uni
form decisions Of that court to the
effect that the legislative power of con-
gress over the territories is absolute. 7"
| beg your pardon. That court SAYS:
"In the construction Of this power by
all the departments of the government
it has been to authorize the acquisition
Of territory not fit for admission at the
time but to be admitted as soon as its
population and situation entitle 1t to
admission. 1t is acquired TO become a
state. and not 10 be held as a colony and
government by congress with absolute
authority The citizens of the
United States who immicrate to ter
rltoiy belonging 10 the people Of the
United states. cannot be ruled as mere
colonists, dependent upon the will of
the general government. and to be gov
erned by any laws it may think proper
TO impose "A power,
therefore, in the general government to
obtain and hold colonies and dependent
territories over which they ght legls-
consistent with its own existence in
its present form"
| The territory being part of the United
| States. the government and its citizens
! both enter it under authority Of the
constitution, with their respective
rights defined and marked out; and the
| federal government can exercise no pow
er over his person or property beyond
what that instrument confers, nor law
! fully deny any right which II has re-
served. 'l9 Howard A6.)
Our friends frequently refer to the
language Of the supreme court of the
| United States i'm the Yankton bond case
as establishing the point that congress
has supreme legislative control over the
territories, No question Of the right of
the people to create a state arose or
could arise i'm that case. Dakota was
then a territory. 1t had not attempted
to assume statehood. The decision re-
lated To the power of congress over a
territory which had never claimed in
any form 10 be any thing but terri
tory. The acts of the territorial legis-
lature which to-day meets-at Bismarck
will lawfully apply to all Dakota. That
body would be derelict in duty If it did
not legislate for south as we'll as north
Dakota. Every territorial and county
officer performs nothing more than a
patriotic duty when he takes the oath
of office TO support the organic act Of
the territory of Dakota. 1t is the only
government we have, until the state as
sumes her lawful functions. The terri
torial officers are on duty and cannot
abandon their posts until the relief